Arguments on an application filed by dentist couple Rajesh and Nupur Talwar in the Allahabad High Court,seeking direction to the CBI to bring on record the sound simulation test report as well as the narco-analysis test report,resumed on Tuesday and will continue tomorrow.
The Talwars are facing trial in a special CBI court in Ghaziabad for the murder of their teenaged daughter Aarushi and domestic help Hemraj on May 15-16,2008 in their Noida house.
On June 27,the High Court had stayed the trial of Talwars and sought a counter-affidavit from the CBI in the matter.
CBI counsel Anurag Khanna said: In our counter-affidavit,we have argued that the sound simulation test report was not relevant to the trial. Also,bringing the narco-analysis test report would not serve any purpose,as they were not admissible as evidence. It has also been argued that such applications were only to delay the trial.
The Talwars had earlier applied before the trial court to direct the CBI to produce on record the sound simulation test report,as well as the narco-analysis test report. But the trial court rejected it,saying that not bringing these documents on record would not affect their right to fair trial. Subsequently,the Talwars approached the High Court with the same plea. The High Court stayed the trial,saying the matter required consideration.
The sound simulation test was conducted by the CBI during investigations after the Talwars took the plea that they came to know about the murder of their daughter only in the morning because,with the air-conditioning on,no sound from Aarushis room could be heard in their room.
On June 22,the special CBI court rejected the Talwar couples application seeking 10-day time to appeal against its June 18 order in the High Court.
Additional Sessions Judge Shyam Lal turned down the application,saying it was filed to delay the proceedings. He fixed June 24 as the next date for hearing.
On June 18,the CBI court had rejected two pleas in which the Talwars had sought reports of scientific tests and demanded a number of exhibits to be examined by their DNA expert. The court,however,allowed recording of statements of seven witnesses mentioned in a list of 13 people submitted by the couple.
On June 27,the single-judge bench of Justice Sudhir Agarwal,while taking up the application of the Talwars,said: It is contended (by the defence counsel) that an experts opinion is an evidence under the Evidence Act and the mere fact that it is an experts opinion,the trial court cannot reject the same. Prima facie,I find substance and the matter requires consideration.